Construction Law & Litigation Blog
Mechanic’s Liens – Legislative Update
Every year, state legislatures across the country pass new laws and revise old ones. In fact, these state legislatures often tinker with existing statutes that have been in place for many years and are working as intended.
A RECENT SUPREME COURT DECISION DRAMATICALLY AFFECTS SUBCONTRACTORS’ RIGHTS
In Girolametti v. Michael Horton Assocs., Inc., the Supreme Court determined when a subcontractor’s rights will be affected by an arbitration in which the subcontractor did not participate.
Most Construction Disputes Do Not Involve Unfair Trade Practices
Generally speaking, the legal profession is not currently held in high esteem. In my opinion, there are a couple of reasons for this situation.
Contractors: Don’t Inadvertently Give Up Your Lien Rights – How Subordination Agreements and Lien Waivers Affect Mechanic’s Liens
As most contractors know, if they are not paid for their work, they are entitled to file a mechanic’s lien against the property where the work was performed.
BEFORE PROCEEDING WITH LITIGATION, YOU NEED TO FULLY EVALUATE YOUR CONSTRUCTION CONTRACT CLAIM
As I have often stated, any settlement you can live with is far better than the result an attorney will achieve for you at trial.
THE FALSE CLAIMS ACT: A BAD IDEA WHOSE TIME HAS (UNFORTUNATELY) COME
Right now, more than half the states and the federal government have some version of a False Claims Act that is applied to the construction industry.
AN OVERVIEW OF CONSTRUCTION CONTRACT DISPUTES
Scott Orenstein (203) 640-8825 CONSTRUCTION CONTRACT DISPUTE PRACTICE GROUP During a construction project, many different types of disputes may arise between the parties.
A RECENT APPELLATE COURT DECISION PROVIDES SOME VALUABLE INSIGHT INTO MITIGATION OF DAMAGES, PAYMENT BOND CLAIMS, AND ALLEGED UNFAIR TRADE PRACTICES
The Appellate Court has issued an opinion that arises out of a very common situation on a construction project – the late delivery of materials. The decision is insightful with
IN CASE YOU WERE WONDERING, MECHANIC’S LIENS AND PAYMENT BONDS REALLY DO PROTECT THOSE THAT SUPPLY LABOR, MATERIALS AND/OR SERVICES
In poker, you have to play the cards you are dealt, but, if you have a bad hand, you can fold. In litigation, if you do not have a strong
VERBAL AGREEMENTS ARE JUST AS GOOD AS WRITTEN CONTRACTS (ALMOST)
I have often heard many people say that they did not have a contract and/or change order when they actually meant that they did not reduce their agreement to writing